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2025 DAILYLAW 48448 (KAR)

SMT YASHODA M v. THE AUTHORIZED OFFICER

WP/18648/2025 · 2025-07-07

S Sunil Dutt Yadav

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:24564 WP No. 18648 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 18648 OF 2025 (GM-RES) BETWEEN: 1. SMT YASHODA M W/O SRI. G MANIGANDAN AGED ABOUT 48 YEARS NO.19, NANDI PRIDE VILLA 9 MAIN T C PALYA, MAIN ROAD HOYSALANAGAR RAMAMURTHY NAGAR BENGALURU 560 016. 2. SRI G MANIGANDAN S/O SRI GOPALPILLAI AGED ABOUT 48 YEARS 9 MAIN T C PALYA, MAINROAD HOYSALANAGAR RAMAMURTHY NAGAR BENGALURU 560 016. …PETITIONERS (BY SRI. KARAN BORAIAH R., ADVOCATE) AND: 1. THE AUTHORIZED OFFICER UCO BANK CANTONMENT BRANCH (0151) NO. 83, M G ROAD BENGALURU 560 001. 2. THE CHIEF MANAGER UCO BANK RAMAMURTY NAGAR BRANCH NARAYANAPURA BUILDING DOORVANI NAGAR Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24564 WP No. 18648 of 2025 RAMAMURTHY NAGAR BENGALURU 560 001. 3. THE CHIEF MANAGER UCO BANK CANTONMENT BRANCH NO. 83, M G ROAD BENGALURU 560 001. …RESPONDENTS (BY SRI. K R PARASHURAM., ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE RESPONDENT NO.3, HAVING DECLARED ALL THE LOAN ACCOUNTS/FACILITIES OF THE PETITIONERS AS NPA'S ON 22- 04-2022 ITSELF, AGAIN SEPARATELY NOT AUTHORISED TO DECLARE THE HOME LOAN ACCOUNTS BEARING NO.01510610011287 AND 01510610011843 AS NPA'S ON 20- 07-2024 AND THE SAME IS IN VIOLATION OF CLAUSE 2.2.2 OF THE MASTER CIRCULAR DATED 02/07/12 ISSUED BY THE RBI (AT ANNX-P). THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER Learned counsel for the respondent files a memo submits that there was no auction pursuant to the sale notice. 2. Memo filed by the respondent - Bank reads as hereunder: - 3 - HC-KAR NC: 2025:KHC:24564 WP No. 18648 of 2025 "The undersigned advocate for the respondent bank submits that there was no bidder participated in the sale auction dated 27.06.2025. Hence the respondent prays this Hon'ble court to vacate the interim order passed in the above case in the interest of justice and equity." 3. In light of the memo filed and submission made, petition is disposed off as not calling for adjudication. Needless to state in the event of any measure under Section 13 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, petitioner is to avail of the substantive remedy under the provisions of the SARFAESI Act. Sd/- (S SUNIL DUTT YADAV) JUDGE VP - 4 - HC-KAR NC: 2025:KHC:24564 WP No. 18648 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU [SMT YASHODA M AND ANOTHER VS. THE AUTHORIZED OFFICER AND OTHERS] 18.07.2025 (VIDEO CONFERENCING) CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER ON FOR BEING SPOKEN TO The matter was posted for being spoken to. Heard the learned counsel for the petitioners. After arguing the matter for some time, without interfering with the order that is already passed on 07.07.2025, it would be appropriate to direct the respondents-bank not to take any precipitative steps regarding possession till 11.08.2025 which is the date fixed before the Debt Recovery Tribunal in the proceedings in S.A.No.623/2024. It is needless to state that the interim protection is granted only for a limited period and it is for the Debt Recovery Tribunal to consider any further relief as per law without being influenced by any observations made in the order on 07.07.2025 or in the present order. All contentions of the petitioners including the classification as 'NPA' are kept open to be considered by the Debt Recovery Tribunal as is permissible in law. This order to be read in continuation of the order dated 07.07.2025. Sd/- (S SUNIL DUTT YADAV) JUDGE HJ/List No.: 1 Sl No.: 1